Minutes of the regular meeting of the Brant Town Board held on Monday, September 09, 2002 at 8:00 p.m., held at the Brant Town Hall, Brant-N. Collins Rd, Brant, New York.

There were present:

Supervisor                               Samuel J. Chiavetta

Councilman                             Dennis Rubeck

Councilwoman                        Ellen Bowman

Councilman                             Martin Rosiek

Councilman                             Eugene Czyz

Attorney                                  John Grennell

Also present:

Maggie White                         Zoning Board Chairman

Leonard K. Pero                      Revitalization Chairman

Diane Czyz                             Supervisor’s Secretary

Donna Marien                         Dog Control Officer

Joseph Giambrone                  Highway Superintendent

Lee Brunelli                            Jean Brunelli

Ed Dion                                   Dolly Dion

Neal Wilson                            Louis Small

Ann Small                               Bob Palmer

Judy Palmer                             Lee Mirusso

Betty O’Donnell                     John O’Donnell

Henry Nowicki                       Peter Nowicki            

Joe Gardyjan              

            The meeting was opened with a pledge to the flag led by Maggie White.

            Councilwoman Bowman made a motion; seconded by Councilman Czyz to accept the minutes of the Town Board meeting of August 13, 2002 as submitted by the Town Clerk.  MOTION CARRIED.

            A Motion was made by Councilwoman Bowman, seconded by Councilman Rubeck to accept the Supervisors financial report for the month of July as submitted.  MOTION CARRIED.

A motion was made by Councilman Czyz and seconded by Councilwoman Bowman to approve the Code Enforcement Officers report for the month of August as submitted.  MOTION CARRIED.  Supervisor Chiavetta noted that the report stated that the Mr. Murcato, (Old Kusior junkyard) had been given a 15 day notice by Mr. Brecker, Mr. Brecker stated that Mr. Murcato was going to meet with the Planning Board in September to review this application.

A motion was made by Councilman Rosiek, seconded by Councilman Rubeck to accept the Dog Control Officer for August as submitted.  MOTION CARRIED.

A motion was made by Councilwoman Bowman seconded by Councilman Rubeck to accept the Police Chiefs report for the month of August as submitted.  MOTION CARRIED.

Discussion of street lighting on both Surfside Drive and Milestrip Road was discussed.  Chief Falk is currently looking into complaints of the newly installed light on Surfside and also the request for street lighting on Milestrip Road.

A motion was made by Councilman Czyz and seconded by Councilman Rosiek to accept the minutes of the Planning Board for the August 27, 2002 meeting as submitted.  MOTION CARRIED.

Supervisor Chiavetta stated that James Shea has been named to the Water District Committee and would now like to be named Chairman so that he could work with the Town, Village and Erie County Water Authority for possible consolidation of these districts.

A motion was made by Councilman Chiavetta to appoint Jim Shea as Chairman, seconded by Councilwoman Bowman.  MOTION CARRIED.

Len Pero gave an update of the Brant Revitalization Committee and stated that they are currently proceeding with the Non-Profit organization.

Supervisor Chiavetta opened the Acknowledgement of Visitors. 

Gary Brecker, Code Enforcement Officer, introduced Catherine Eimers, and Diane Garrido of The Rehab Rez, Ltd.

Catherine & Diane presented a proposal to establish a 24 hour wildlife hospital at 1480 Brant North Collins Road.  This would be a hospital for wildlife, not stray domestic animals.  She stated that she would not accept anything with over a 5’ wing span.  A copy of the proposal and licenses were submitted to the Town Clerk.

Code Enforcement Officer stated that there is nothing in the Code Book to prohibit such wildlife activities as a home professional activities in that area if authorized by the Town Board would have no issue with such activities.

Ellen Bowman questioned more specifically what animals she deals with.  Catherine Eimers stated that primary it is song birds, they do not deal with raccoons as they are not rabies-vector certified.  She is required by law to turn these animals over to the proper caretaker within 24 hours.  Ellen Bowman asked what precautions are to be taken.  Ms. Eimers stated that she is planning on building holding cages and incubators in the basement and utilize the existing shed outdoors for the raptor cages at that premises.   All animals are released as soon as re-cooperated in a sanctuary or state land, not in habitated areas.

Supervisor Chiavetta stated that we needed to break for the public hearing on amending the Waste Management Laws.

Town Clerk opened the public hearing by reading the legal notice which was published in the Hamburg Sun on August 29, 2002.

The Town Attorney summarized the changes of the local law.  One was just renaming the “Solid Waste” law to “Waste Management Law”.  The second portion would reinforce the existing laws and dealing with health and safety.  He stated that there are limitations on what the Town can prevent from coming in from out of state due to the State Commerce Law, due to crossing interstate lines.  This would just change the text of these laws to strengthen.

Betty O’Donnell stated that she reviewed the law and was encouraged by the changes.  The Committee of Friends and Neighbors did present recommendations that they thought should be incorporated into the law.  Attorney Grennell stated that he did review them and will be recommending to co-counsel to incorporate some of those changes.

Leonard Pero asked what would be the timetable on the enactment of the law.  Attorney Grennell stated that once the Town Board passed the law, it would just be determined on the filing with the state.  Approximately 7-14 days.

As everyone wanting to be heard had been heard, a motion was made by Councilwoman Bowman and seconded by Councilman Czyz to close the public hearing.

Councilwoman Bowman made a motion to adopt Local Law Number 1 & 2, seconded by Councilman Rubeck and a roll call vote taken:

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Rubeck               Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  LOCAL LAW #1 & #2, 2002 ADOPTED.

The meeting continued with the Acknowledgment of Visitors discussing the Wildlife Hospital.

Catherine Eimers presented to the Town Clerk with current licenses held by herself, and Diane Garrido and Rehab Rez, Ltd.

Councilman Czyz questioned how she was handling the crows with the West Nile decease.  Ms. Eimers stated that she is not dealing with crows at this time because of the decease.

Councilwoman Bowman made a motion to allow the Wildlife Hospital to open after review by the Town Attorney and Code Enforcement to be sure it does not interfere with any Code Violations currently on the book. 

Lee Brunelli stated that it was his understanding that the Nextel Tower had been sold and that they are currently in violation of the Special Use permit.  They have not renewed the demolition bond. 

Supervisor Chiavetta stated that there should be a better way of tracking the sales of such.  The only time the Town is sure of being notified is if they sell “land”.   He stated that maybe we should start holding the property owners more accountable.

Mr. Brunelli stated that Nextel should have been notified on the expiration of the Permit long before this. 

Several suggestions were made to help with processing the renewals of the Special Use Permits.

Betty O’Donnell presented a brochure to the Town Clerk for the Working with Rural Elderly Conference to be held on October 17^th and is sponsored by Community Concern Services.  The invitation is open to anyone.

As everyone wanting to be heard had been recognized, the Acknowledgement of visitors was closed.

Leah Mirusso asked what could be done to ensure that the absentee landlords and neglected properties are being cleaned up.  If a property needed to be mowed or secured, if that the town could do the job and place the cost on the taxes. 

Supervisor Chiavetta stated that some Villages have Local Laws and that the costs are placed on the tax roll.  Attorney Grennell to look into the matter and present samples from other communities.

Supervisor Chiavetta set dates for department heads to discuss the budget requests October 9^th starting at 8:00 p.m.

Supervisor Chiavetta stated that there is a Memorial Service to be held September 11^th at the Angola Gazebo at 7:00 p.m. if anyone wants to attend.

A letter was received from NYS DOT regarding a request for no parking on Route 249 at the intersection of Brant Angola Road which was approved for a distance of 115 feet and signs will be installed as manpower permits.

A thank you letter was received from Jan Bowman, Peg Chiavetta, May Gugino, Faith DeLong, Janice Pericak, Marilyn Ruessell and Bev Wasmund for the Brant Pool Personnel for conducting the Water Aerobics Program.

Councilwoman Bowman made a motion, seconded by Councilman Czyz to adopt a resolution to adopt budget modifications as recommended by the Town Accountant. 

ROLL CALL VOTE:

Councilwoman Bowman        Aye

Councilman Czyz                   Aye

Councilman Rosiek                 Aye

Councilman Rubeck               Aye

Supervisor Chiavetta              Aye

5 Ayes, No Nays.  RESOLUTION ADOPTED.

            Supervisor Chiavetta stated that there is a need for after school child care and that the Town would like to see if there would be the possibility of hosting this at the park, similar to the recreation program for the children.  He stated that he would be meeting with the school and putting information in the next newsletter to see if enough interest would be generated in such a program.

Supervisor Chiavetta made a motion, seconded by Councilman Rubeck to set the members and appoint a Chairman, he suggested Gene Czyz to the Masterplan Committee, which should consist of three Town and two Village representatives.  Members would be Len Pero, Martin Rosiek, Terry Caber and Anthony Krytanjek.  MOTION CARRIED. 

A motion was made by Supervisor Chiavetta to award the Master Plan Contract to Peter J. Smith Company as low bidder at the July 11, 2002 bid opening.  Councilman Rubeck seconded the motion and a roll call vote taken:

ROLL CALL VOTE:

Supervisor Chiavetta              Aye

Councilman Rubeck               Aye

Councilwoman Bowman        Aye

Councilman Rosiek                Aye

Councilman Czyz                   Aye

5 Ayes, No Nays.  CONTRACT AWARDED.

            Supervisor Chiavetta made a motion to schedule the public hearing for the Community Development Block Grant for October 8, 2002 at 8:15 p.m., the motion was seconded by Councilwoman Bowman.  MOTION CARRIED.

            Supervisor Chiavetta made a motion to make some position changes.  Tammy Czyz he would like to appoint as substitute clerk to the Supervisor’s office to cover when his secretary was out and Linda Crouse then would become the Court Clerk as Tammy has other added responsibilities.  This motion was seconded by Councilwoman Bowman.  Councilman Czyz abstained.  MOTION CARRIED.

            An invitation to attend the Association of Erie County Governments meeting on September 26^th in Clarence, New York was received and filed.

            A motion was made by Councilman Rubeck and seconded by Councilman Rosiek that General Town Wide Warrant 2002 #9, Vouchers 318-354, totaling $14,750.96, General Town Wide Payroll 2002, Warrant #9, Vouchers 30-35, totaling $33,952.50, General Part Town Warrant 2002 #9, Vouchers 28-30, totaling $2,415.88. Highway Fund Payroll 2002, Warrant #9, Vouchers 16-17, totaling $6,192.35, Highway Town Wide 2002 #9, Vouchers 74-81, totaling $1,700.51, Highway Part Town Warrant #9, Vouchers 20-22, totaling $4,039.79, Street Lighting Fund 2002, Warrant #9, Voucher 8, totaling $1,623.01.  Lotus Bay Sewer Dist 2002 Warrant #9, Voucher 10, totaling $141.35, be presented for payment.  MOTION CARRIED.

            A motion was made by Councilwoman Bowman seconded by Councilman Czyz to adjourn the meeting at 8:54 p.m.  MOTION CARRIED.

                                                                                    Respectfully submitted,

                                                                                    Jamie S. Nolan, Town Clerk

APPROVED BY:

SUPERVISOR CHIAVETTA:                                                                     

COUNCILMAN RUBECK:                                                                         

COUNCILWOMAN BOWMAN:                                                                

COUNCILMAN CZYZ:                                                                               

COUNCILMAN ROSIEK:                                                                           

Town Board Minutes and Public Hearing